French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

The classification of “warranty disclaimer clause” or “warranty limitation clause” is not always easy. A warranty disclaimer clause is that which unequivocally excludes the warranty against latent defects.
This is not the case of that by which the buyer declares that he accepts the thing as it stands . Similarly, the clause extending the warranty to a fixed period of eighteen months from the date  …

Clause excluding the warranty against latent defects

The classification of “warranty disclaimer clause” or “warranty limitation clause” is not always easy. A warranty disclaimer clause is that which unequivocally excludes the warranty against latent defects.

This is not the case of that by which the buyer declares that he accepts the thing as it stands . Similarly, the clause extending the warranty to a fixed period of eighteen months from the date of manufacture of the equipment and which does not mention any limitation of warranty, is not a limitation clause but, on the contrary, a contractual guarantee for a period of eighteen months, at the end of which the legal guarantee of Article 1641 of the Civil Code applies . Lastly, the clause in an insurance contract which, while specifying that its provisions “do not abolish or reduce the legal warranty against latent defects”, excludes any “event which arose prior to the granting of this guarantee”, excludes the implementation of the insurance contract in the event of a latent defect pre-existing the sale 

On the other hand, a clause which provides that any action based on a defect in the delivered machine is time-barred six months after the delivery, valid between professionals of the same specialty, precludes the claims made by the intermediary seller against the original seller on the basis of the warranty against latent defects . The same applies to the clause which limits the warranty to two years for defects of any kind likely to affect the operation of the thing sold, whether due to the design, faulty assembly or poor quality of the parts, since it necessarily encompasses latent defects within the meaning of Article 1641 of the Civil Code . The clause which limits the scope of the warranty to the mounted and assembled components delivered by the seller and excludes any material damage, damage to property distinct from the subject-matter of the contract and any loss of profit or operating loss resulting from the temporary downtime of the equipment may be enforced against a claim concerning the work undertaken to resolve the issues observed on the jobs carried out with the machine purchased and to remedy the damage to the undertkaing's image as a result of those issues .

  CA Rennes, 7 September 2006, LawLex200700000833JBJ;  CA Douai, 4 February 2013, LawLex201300000309JBJ.

  Cass. com., 10 June 2008, LawLex201200001496JBJ.

   CA Rouen, 30 January 2013, LawLex201300000390JBJ.

   CA Amiens, 29 March 2009, LawLex201200001802JBJ.

   CA Montpellier, 10 January 2012, LawLex201200001893JBJ.

  CA Lyon, 28 January 2016, LawLex201600000311JBJ.

French Consumer Law

637. Clause excluding the warranty against latent defects

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

637. Clause excluding the warranty against latent defects

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise